Haymaker Will, Frederick Co.,VA Barbara Eakley ******************************************************************* USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ******************************************************************* Will of ADAM HAYMAKER In the name of God, amen. I, ADAM HAYMAKER, of the corporation of Winchester in the county of Frederick and state of Virginia, being of sound and disposing mind and memory, do make and publish this my last will and testament in manner and form following: 1st- I command my soul into the hands of Almighty God who gave me, and my body to the earth to be buried in a descean christianlike manner at the disgression of my executor hereinafter named. 2nd- It is my will that all my last debts and funeral expenses be first paid. Imprimis- I give and devise unto my son MICHAEL HAYMAKER my mantion house and the ground thereunto belonging, to the holden of him and his heirs forever, he paying first the following bequests, to wit: to my daughter ELIZABETH MARTIN forty dollars, one moiety of it is to be paid within twelve months after my discease, and the other moiety within twelve months afterward. To my son PHILIP HAYMAKER the sum of ten dollars within three years after my discease. And to my son PETER HAYMAKER the sum of five dollars, to be paid to him within three years after my discease. Item- I give and devise unto my grandson ADAM HAYMAKER all that lot of ground conveyed to me by deed from his father JOHN HAYMAKER, situate on the corner of Cameron and Clifford Streets in Winchester, to be holden of him and his heirs on the following conditions, that is to say the said Adam shall pay unto my said executor one hundred dollars, one moiety whereof he shall pay within one year after he arives to the age of twenty one years, and the other moiety at the expiration of the following year. And if my said grandson Adam shall fail in the payment of the aforesaid sum of one hundred dollars for six months after the time appointed for the last payment, or should die before he arives to the age of twenty one years, my said executor shall sell at public auction or otherwise (which ever may appear most advantigeous) the said lot and appropriate the missing therefrom as he shall be hereinafter directed. It is my will that the lot devised to my grandson Adam shall be valued when he shall arive to the age of twenty one years and that he shall, after deducting twenty dollars for himself, pay one seventh of the remainder to his mother, and one seventh to each of his brothers and sisters, to wit, ELIZABETH, JOHN, CATHERINE, PHILIP and MARGARET as follows: within two years after his arival to the age of twenty one he shall pay his mother her legacy, and the succeeding year he shall pay his sister ELIZABETH her legacy, and so on anually, agreeable to each as they arive to lawful age to demand the same. It is my will that in case my said grandson shall die or fail in complying as aforesaid, that my executor, after selling the lot as aforesaid, shall then pay the legatees the same percent and in the same manner as my grandson Adam is herein directed to do. It is my will that my grandson, in case he should sell the said lot, shall not make a deed therefor until the last payment of the purchase money be paid. Item- I give and bequeath unto my daughter MARY HESS the sum of twenty dollars, to be paid her (at any time after he receives the aforesaid one hundred dollars) by my executor. Item- I give and bequeath to my daughter MARY HINES the sum of eighteen dollars, to be paid to her at the same time as to my aforesaid daughter. Item- I give and bequeath unto my daughter CATHERINE ANDERSON the sum of eighteen dollars, to be paid as aforesaid. Item- I give and bequeath unto my daughter MARGARET the sum of eighteen dollars, to be paid to her as aforesaid. Item- I give and bequeath unto my daughter ELIZABETH all my household furniture except one burial sheet, to be delivered to her immediately after my discease. Item- I give and bequeath unto my son ADAM HAYMAKER one walnut chest which, together with what I have already heretofore given him, I consider to be his proportionable part of my estate. It is my will that all moieties, if any there are after paying my last debts and funeral expenses, shall be equally divided amongst all my children, share and share alike. Item- I give and bequeath unto my daughter in law CHRISTIANA all the profit and full possession of the lot devised to my grandson Adam until the time he shall arive to the age of twenty one years. Item- I give and bequeath unto my son MICHAEL all my tools which are belonging to the trade which he occupieth. Item- It is my will that my executor shall not be compelled to give surety to obtain probate of my will. It is my will and intention that if any disputes should unhappily arise between any of the legatees herein mentioned, that they should be settled by referees, and that no __ __ be announced. And lastly, I hereby appoint my son MICHAEL HAYMAKER sole executor of this my last will and testament, hereby revoking all former wills by me made, ratifying and confirming as my last will and testament. In witness whereof I have hereunto set my hand and seal this fifteenth day of June in the year of our Lord one thousand eight hundred and six. ADAM HAYMAKER (seal) Signed, sealed, published and declared by the above named ADAM HAYMAKER to be his last will and testament, in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator. JOHN + COPENHAVER D W THOMAS MICHEL COPENHAVER At a Court of Hustings last for the Corporation of Winchester the __ day of April 1808. The last will and testament of ADAM HAYMAKER, deceased, was proved by the oaths of DANIEL W THOMAS and MICHEL COPENHAVER, witnesses thereto, and ordered to be recorded, and on the motion of MICHAEL HAYMAKER, the executor therein named, who made oath according to law, certificate is granted him for obtaining a probate thereof in due form. Whereupon he entered into and acknowledged bond in the penalty of five hundred dollars (without giving security, as in and by said will is directed), conditional for his faithful administration of the said decedant's estate. By the court Thos McKewen, clerk ________ Will Book 1:85-89 Corporation of Winchester Frederick Co VA